THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Miscellaneous Appeal No.576 of 2014 Between: Shaik Baji And Dated 17th July, 2014 …Appellant Shaik Shakeerunnisa and others …Respondents Counsel for the appellant: Sri D.V.Chalapathi Rao Counsel for respondent No.1: Sri K.S.Murthy The Court made the following:
ORDER:
This civil miscellaneous appeal is filed against order, dated 04.03.2014, in I.A.No.347 of 2013 in O.S.No.75 of 2013, on the file of the learned Senior Civil Judge, Repalle.
I have heard Sri D.V.Chalapathi Rao, learned counsel for the appellant, and perused the record.
The appellant is the husband of respondent No.1 and father of respondent Nos.2 and 3. It is his pleaded case that he has divorced respondent No.1 in the year 2012 by pronouncing Talaq as per muslim law. It is his further case that in a maintenance case filed by the respondents, the jurisdictional Magistrate awarded Rs.3,000/- per month towards maintenance and that the appellant is paying the said amount without any default. The respondents have filed O.S.No.75 of 2013 for payment of permanent maintenance by the appellant. In the said suit, they have filed I.A.No.347 of 2013 for injunction against the appellant from alienating the plaint schedule property pending the suit. The appellant filed a counter affidavit, wherein he has stated that he will not alienate the properties pending the suit. The lower Court by the order under appeal granted temporary injunction as sought by the respondents.
The learned counsel for the appellant has not disputed the fact that his client has stated before the lower Court that he is not going to alienate the properties. In view of the said concession, grant of injunction will not affect his interests as he has himself undertaken not to sell the properties pending the suit.
In this view of the matter, I do not find any reason to interfere with the order of the lower Court. The CMA is accordingly dismissed.
As a sequel to dismissal of the civil miscellaneous appeal, C.M.A.M.P.No.830 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 17th July, 2014
VGB